Md.Ashad Rahman @ Md. Gulshan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62895 of 2022 Arising Out of PS. Case No.-89 Year-2020 Thana- JADIA District- Supaul ====================================================== Md.Ashad Rahman @ Md. Gulshan S/O Md. Zakir Resident of villageMahrampur, P.S.- Jadia, District- Supaul. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code. As per the prosecution case, on the alleged date and time of occurrence while the husband of informant was returning from his field, on the way, petitioner and other accused persons surrounded and started abusing him. Coaccused Md. Sona tied handkerchief in his neck and started pulling, co-accused Arshad gave Farsa blow on the neck of husband of the informant and co-accused Imtiaaj pressed his neck. When the informant came to save her husband, co-accused Md. Salman pushed her on the ground. When informant's

Patna High Court CR. MISC. No.62895 of 2022(4) dt.19-06-2023 2/2 Dewar came to save, the accused persons dragged him towards their house. Co-accused Arshad assaulted with butt on the head of Dewar of informant. Co-accused Md. Anish gave Farsa blow on his head.

It is submitted that petitioner has been falsely implicated in this case due to old enmity. There is general and omnibus allegation and no specific overt act has been alleged against this petitioner. There is case and counter case. Petitioner claims clean antecedents.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Vth, Supaul in connection with Jadia P.S. Case No. 89 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T